Supreme Court of Iowa

Eric Wayne Dempsey, Appellant v. State of Iowa, Appellee

March 13, 20152015 Iowa Sup. LEXIS 26

Summary

The court held that Dempsey failed to prove prejudice from counsel's allegedly inaccurate advice about the terms and sentencing consequences of an earlier, more favorable plea offer. Although counsel may have breached an essential duty, Dempsey did not establish a reasonable probability that he would have accepted the offer if properly advised, because the record showed he rejected it to pursue a possible trial defense. The court vacated the court of appeals' decision and affirmed the district court's denial of postconviction relief.